Ask an Attorney - What's your question?

Awesome questions! I know Kevin and Tom Grieve take some of the questions here for the Attorney webinars. You can find those on your USCCA Dashboard [linked here]!

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I am interested what answers you were getting to your question about bringing a firearm to work @Blacky and what disappointed you about USCCAā€™s answer?

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@MikeBKY, @Blacky is referring to this thread: Workplace bans weapons from my own vehicle in the parking lot and beyond? - #27 by USCCA

I donā€™t think @Blacky saw our response in that thread as there were numerous comments made around the same time by a number of different people. Iā€™ve tagged him in that thread with the response for easy reference. :smiley:

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I am a private attorney licensed in Kentucky and am part of the USCCA Attorney Network. Attorney Network attorneyā€™s are not on a retainer an are not paid by USCCA unless we are retained by a USCCA member who hires us in response to a self defense incident. We are all independent of USCCA and can choose to represent a USCCA member or not, no different than someone who calls or walks into our office. Likewise, a USCCA member can choose an attorney in the network or outside the network.

As a general rule, only attorneys can provide legal advice to another person and can only do so within the jurisdictions where they are admitted to practice law. As such, I cannot give legal advice with respect to the laws of any state other than Kentucky. And frankly, while I will provide general information about the law in Kentucky and other states where I have specific knowledge, I do not give formal ā€œlegal adviceā€ except to clients within the course and scope of a written agreement.

As for the answer to the question in CT, I have no clue. I have never been to CT and have no plans on visiting CT so I am not inclined to try to research the issue. I do know that it would not fly in Kentucky.

That said, to answer the general question ā€œcan your employer stop you from having a fire arm in or on their property,ā€ the answer is it depends. As everyone knows that federal law prohibits firearms in certain areas, such as the post office (including the parking lot), and every state probably has some similar prohibitions. Within states, unless there is state preemption, counties, cities, and municipalities may also have restrictions. Therefore, there could be hundreds of different answers to the question, depending on where you work.

In Kentucky, which has very favorable laws, firearms can be kept in a vehicle and any person or organization, public or private, is subject to ā€œan action for appropriate relief or for damages in a court of competent jurisdiction.ā€ But again, there are a few exceptions such as on the grounds of a correctional facility or any place where federal law prohibits, amongst others.

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If Texas state law allows gun rights xx years after completed probation felony for non violent crime in 1994 with no other incidences, but federal law overrides that, can a person apply for (or does it ever happen) to be granted a pardon in order to regain gun rights? Seeking knowledgeable attorney for such in Texas. I have heard both yes and no. Appeal for denial of renewal for LTC is soon. My husband had an LTC for 4 years and bought approved guns but then was turned down for renewal! Ugh. Help please.

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As this is a time-sensitive question, I would suggest contacting an attorney in your area who will know the laws and may be able to give you a definitive answer.

You could look at the list of the USCCA Attorney Network attorneys in your area for ideas, however, your USCCA membership benefits would not be able to assist you with legal fees as this wouldnā€™t be considered a physical self-defense incident. The attorneys in our network are vetted and believe in the Second Amendment so it would be a good place to start. :woman_shrugging: Wish I had a more definitive answer for you @Rhonda3. Good luck! Let us know how it goes.

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Iā€™m not sure what youā€™re seeing that says freedom of speech isnā€™t honored here, @Blacky, or where there were any negative comments about your state.

@MikeBKY gave clarification of his role (USCCA Network Attorney, not USCCA staff and then some additional details) and then explained how attorneys in different states might not know the details from other states, which is part of the reason the USCCA Membership is so important (we would get you an attorney in the state where the incident took place, not necessarily your home state if you were traveling when you defended yourself).

Please let me know where your post was removed by someone other than yourself and Iā€™ll dig deeper into the situation. The only people with the authority to edit or delete posts are the poster themselves or the USCCA Admin/Moderators (all USCCA Staff and that does not include network attorneys).

Personal attacks are not allowed in the Community. MikeBKY is a HUGE asset to our Community with his interpretation of legalese and directing people to appropriate resources. He doesnā€™t tell us how the laws will apply in every state but he does give us an idea of what they might mean in plain English.

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I honestly have no idea what you are talking about. The only posts I have ever deleted were my own and may have had 1 or 2 censored by @uscca. (Rightfully so by the way!)

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Sometimes posts are flagged to alert the moderators that a user needs help or needs an answer. Flags are not necessarily a bad thing.

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I was considering the purchase of a Pistol for a gun such as the Christiansen Arms CA9MM pistol. Or any of a dozen such devices. Is this a wise purchase today when the new administration and the BATF are pursuing silly restrictions on such items if the have an attached "Brace ". Simply thought they maker a nice home defense gun and might be fun to shoot. I am reconsidering the purchase because it may represent a high risk of confiscation, imprisonment, fines/fees, etc. Is it wise to stay away from these devices in the current envirnment?

Massachusetts general law states :

ā€œWhoever, having in effect a license to carry firearms issued under section 131 or 131F of chapter 140, carries on his person, or has under his control in a vehicle, a loaded firearm, as defined in section 121 of said chapter 140, while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section 1 of chapter 94C, or from smelling or inhaling the fumes of any substance having the property of releasing toxic vapors as defined in section 18 of chapter 270 shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.ā€

I was diagnosed with ADHD back in the 90ā€™s as an adult. Back in the day, I didnā€™t want to consider medication for it.
Today, I am considering it to help regulate my focus and improve my well being.

I have my license to conceal carry in Massachusetts.

I am concerned if I accept medication for ADHD ( which is often a simulant ), that it will provide grounds for being fined, or to have my license to carry be revoked.

Are prescribed medicines included in the restrictions in Massachusetts laws?

I direct a church safety/security team in South Carolina. State law requires written permission from the Pastor to carry concealed in the church. Can anyone tell me if law enforcement officers are exempt from that requirement?

My car was borrowed out to a trusted girl, then my Polyamorous Squatter Addict chick roommate Rene Lynn Johnson, and ( 1 ) of her boyfriends Lincohn Morgan stole my car early morning on the 23rd of March by forcing the driver out. I called a bunch of time to get it back, even thou I stated to them to tell me where it was, and Iā€™d get a cab to retrieve it, they refused to bring it back, later in the day the permited driver showed up at my house, stating frantically that something happen to it, then later again near a half day I called the cops to report it stolen, and they had 15mins, so it went on for about an hour, with the cops, and car thieves, finally it came down to my car being returned damaged, me thinking it came down to my car being damaged, and Lincohn the one time I met him for about 45min at my house him also walking around with a Brass Knuckle, and Knife at my house, in my house, he brought it back, I got on the phone ( 1 ) last time with the South SLCPD, and stated they were going to leave, and I couldnā€™t buy more time to keep them at my house, so I pulled my .380 on them a said get on the ground, and to not leave, cops showed up, and what shocked me was, I was arrested and charged with a restricted, assault/crazy how that works, and misdemeanors, anywho I get bailed out, and end up back at my house later to find my house being robbed, and my safe with my Armed Gaurd 9mm forced out, and goneā€¦then walked to the kitchen where Licohn crawled down my attic with a Machete threatening my life, and chased me out of my own house, this was witnessed by Eagle Cab, and Angel Ortega, anywho Licohn was the same guy that stole my car, and same that him and another guy I never met before in my life lied to the police, stating we were friendsā€¦neither have yet to be charged or investigated, and my detective has done admittedly nothing to resolve my HK 9mm from being stolen either, I havenā€™t got a case number yet, and some of these cops walk away without witness paperā€™s being complete, also learned the addicts are good sometimes, and very helpful, mostly not, but cops are mostly good, and yet at times twisted bastards tooā€¦ anywho I need legal represention due even my lawyer is a twisted worthless waste of $3500.00 bastard tooā€¦please help by calling me at 801-759-2878 as wellā€¦being my life is ruined at this point ! ! ! Also keep in ming Licohn, and Rene never spoke a word about me, and that I stated Iā€™d take a cab to get it back, they only referred to cops as we were friends, and I allowed them to bring it back :/ā€¦ that was never put in their witness statement ā€¦other than I allowed verbally they could, keep in mind I was forced too, as a police officer stated before to play the game :/ā€¦

I hope someone else more knowledgeable was able to answer your question on Washington state. As I do not reside there, their laws are extra complicated to me. If ever youā€™re able to obtain a CCL Permit from Utah, I could be wrong, but I think it would allow you to conceal carry in Washington. I understood there were still restrictions, but it might be a minimum age. IDK for certain.

One source wrote:
ā€œOpen Carry is legal but you must have a valid permit/license to carry a loaded handgun in any vehicle in Washington. This includes Cars, Buses and Trains. You can keep the firearm holstered with empty chamber on your hip in your vehicle (canā€™t be concealed) but the loaded mag must be removed. Places as listed in the ā€œPlaces Off Limitsā€ above apply to those who open carry.ā€ Source: https://www.handgunlaw.us/states/washington.pdf

I contacted a local gun shop and spoke with one of their instructors who teaches Permit classes. She told me, that Washington was an open carry state, and she told me, that if I didnā€™t have a Concealed Carry Permit honored in Washington, that I could still carry there, but it had to be open carry.

Then I got real interested in, ā€œWhat about in my car?ā€:

One source wrote:
ā€œOpen Carry is legal but you must have a valid permit/license to carry a loaded handgun in any vehicle in Washington. This includes Cars, Buses and Trains. You can keep the firearm holstered with empty chamber on your hip in your vehicle (canā€™t be concealed) but the loaded mag must be removed. Places as listed in the ā€œPlaces Off Limitsā€ above apply to those who open carry.ā€ Source: https://www.handgunlaw.us/states/washington.pdf

Of course, some counties and cities have laws which differ from their state. Iā€™m envious, sounds like Alaska is a most beautiful place to visit.

However, word to the wise, ā€œIf your mother says she loves you, check it outā€.

Would you have to travel through Canada though?

Washington:
https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/wa-gun-laws/

Thank you for the response. I have read the same things and from what I gather you are correct about the open carry portion. As for the car from what I could tell it appears that I can have it unloaded, locked in an opaque case, and concealed from view. Although I would much rather have some one who actually has law experience to interpret that portion of carrying in a vehicle than myself.

I will also not be going through Canada. I will be taking a flight from Washington to Alaska

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We are heading to our property in Wyoming this summer. Can I transport my new Savage 270 Hunting rifle via my car, or do I have to have it shipped?

Thanks,

Gary

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Welcome Gary. Not a lawyer though. Good question. Which states might you be driving through and whatā€™s the max capacity of rounds that rifles carries inside of it or in its mag, when fully loaded? Is it a semiautomatic? Some countiesā€™, and citiesā€™ laws differ from state laws.

Not sure about WY but traveling here in NV all rifles and a shot guns have to be empty, no chambered rounds.

It is the Savage Axis II in 270 with the 4 shot Magazine.

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We are going via. Florida, Alabama, Miss., Tenn., Ark, Missouri, Neb., Wyomingā€¦

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